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Privacy Policy

Effective date: 3 November 2026 · Bayaanly Digital Solutions

This policy is written in English. If you would like help with it in Somali, Kiswahili or Arabic, message us on WhatsApp and we will explain it to you.

The short version

1. Who we are

Bayaanly Digital Solutions ("Bayaanly", "we", "us") builds and runs online stores, point-of-sale (POS) systems and online advertising for businesses. Our office is at BBS Mall (Business Bay Square), Eastleigh, Nairobi, Kenya, and we serve businesses across Kenya.

This policy explains how we handle personal data under the Data Protection Act, 2019 of Kenya and its regulations. It covers our website bayaanly.com, our WhatsApp, phone and email contact, our demos, and the services we provide to clients.

2. Our two roles

The law gives different duties to a data controller (who decides why and how data is used) and a data processor (who handles data on someone else's behalf). We act in both roles:

Whose dataOur roleWhich rules apply
People who visit our website, contact us, book a demo, or become our clients (and their staff)Data controllerThis whole policy
Customers of the businesses we build stores and POS systems for (for example, someone who orders from a shop's website)Data processor for that businessThe business's own privacy policy, plus section 7 of this policy

If you bought something from a business that uses Bayaanly, that business is responsible for your data. Please contact them first. If you contact us instead, we will pass your request to them and help them answer it.

3. What we collect

Information you give us

Information collected automatically

Our website does not currently use analytics, advertising pixels or tracking cookies. If we add them, we will update this policy first and ask for your consent where the law requires it.

Information from others

Sometimes we receive your details from someone who refers you to us, or from public sources such as a business directory or your public business page, so that we can contact you about our services. We tell you where we got your details when we first contact you.

We do not ask for sensitive personal data, such as health, religious or biometric data. Please do not send it to us.

4. How and why we use it

We only use personal data where the law allows it. The table shows what we use data for and the legal basis for each use.

What we doLegal basis
Reply to your messages and give you prices and informationSteps you asked for before a contract; our legitimate interest in answering enquiries
Build your free demoYour request and consent (you can ask us to delete the demo at any time)
Set up and run your website, POS and ads, train your staff and give supportPerformance of our contract with you
Send invoices, collect payments and keep accounting and tax recordsContract, and legal obligations under Kenyan tax law
Send you updates, tips and offers about our servicesYour consent, which you can withdraw at any time (section 12)
Show a client's website and business name in our portfolioOur agreement with the client, who can object in writing at any time
Keep our systems secure, prevent fraud and fix problemsOur legitimate interest in running a safe service
Respond to lawful requests from courts, regulators or the policeLegal obligation

We do not make decisions about you using only automated processing.

5. Who we share it with

We never sell personal data. We share it only with the following, and only as much as they need:

6. Data stored outside Kenya

Some of our service providers, including WhatsApp, Google, our hosting providers and the advertising platforms, store data on servers outside Kenya, for example in the European Union or the United States. When data leaves Kenya, we only use providers that apply strong security and data protection safeguards, and we transfer data only where the Data Protection Act allows it, for example where the transfer is needed to perform our contract with you or where appropriate safeguards are in place. You can ask us for more information about these safeguards.

7. Data in our clients' stores and POS

When we build and run an online store or POS for a business, that business is the data controller and we are its data processor. This data may include customer names, phone numbers, delivery addresses, order history, payment confirmations, sales records and staff logins.

8. Payments

Card and PayPal payments are processed by regulated payment providers. Bayaanly never sees or stores full card numbers or PayPal passwords. M-Pesa and Airtel Money payments go directly to the till, paybill or account of the business being paid. For a client's store, the money goes straight to the client, not through us. We keep payment confirmations and transaction references only, to match orders and invoices.

9. How long we keep data

DataHow long
Enquiries from people who do not become clientsUp to 12 months after our last contact
Demo photos and materials if you do not sign upUp to 6 months, or sooner if you ask us to delete them
Client contact details and project filesFor the length of the agreement, then up to 12 months to handle any follow-up
Invoices, payment records and signed agreementsAt least 5 years after the transaction, as Kenyan tax law requires
Client store and POS dataFor the length of the agreement, then deleted within 90 days of handover (section 7)
Website technical logsShort periods set by our hosting provider, usually no more than a few weeks

When we no longer need data, we delete it or make it anonymous.

10. How we protect data

No system is completely secure. If a breach of personal data we control happens and is likely to put people at risk, we will notify the Office of the Data Protection Commissioner within 72 hours of becoming aware of it, and tell the people affected as soon as we reasonably can, with advice on how to protect themselves.

11. Your rights

Under the Data Protection Act, 2019 you have the right to:

To use any of these rights, message us on WhatsApp or email us (section 17). We may ask you to confirm your identity before we act. We aim to reply within 7 days and will always reply within the time the law allows. We do not charge for these requests unless they are clearly unfounded or excessive.

12. Marketing messages

We only send marketing messages by WhatsApp, SMS or email to people who have agreed to receive them, or to clients about services similar to the ones they already use. Every message tells you how to stop. Reply STOP or tell us on WhatsApp, and we will stop within 48 hours.

13. Cookies and browser storage

Our website does not set advertising or tracking cookies. It saves one small setting, your chosen language, in your browser's local storage so the site opens in the same language next time. This stays on your device, is not sent to us, and you can clear it at any time in your browser settings.

To display the site, your browser loads fonts from Google Fonts and page code from a content delivery network. These providers receive your IP address and browser details as part of delivering those files, under their own privacy policies.

The stores we build for clients may use cookies, for example to remember what is in your cart. Each client's store explains its own cookies.

14. Children

Our services are for businesses and adults. We do not knowingly collect personal data from anyone under 18. If you believe a child has given us personal data, contact us and we will delete it.

15. Complaints

If you are unhappy with how we have handled your personal data, please tell us first and we will try to put it right. You also have the right to complain to the Office of the Data Protection Commissioner (ODPC), Kenya's data protection regulator, at any time: www.odpc.go.ke.

16. Changes to this policy

We may update this policy when our services or the law change. The effective date at the top shows when it was last updated. If we make important changes, we will tell our clients by WhatsApp or email before they take effect.

17. Contact us

For any question about privacy or your personal data, contact our data protection contact:

WhatsApp0185 099 502
Email[email protected]
OfficeBBS Mall, Eastleigh, Nairobi, Kenya